Legation of
the United States,
La Paz,
Bolivia, October 9, 1879.
(Received November 24.)
No. 43.]
The delay in answering mine upon the subject, doubtless arose from the
sickness and death of Mr. Guerra.
[Inclosure 1 in No.
43.—Translation.]
Mr. Ortiz to Mr.
Pettis.
Mr. Minister: The executive council of this
republic has had the honor to receive and take note of the dispatch your
excellency favored us with on the 25th of last August, with the object
of advising us that your excellency has been informed by official note
from Washington, that the Government of the United States has learned
that the British Government has been informed of a decree issued by this
government, authorizing the use of privateers and the capture of Chilian
property in neutral ships, and that to this effect Bolivia has sent
agents to the United States.
In consequence of this, your excellency calls the attention of my
government to the treaty celebrated between the United States and
Bolivia in 1838, and very particularly to the 16th article of said
treaty, which expresses that the effects or goods belonging to citizens
of a belligerent nation are protected on board neutral ships, with the
exception of contraband articles.
Answering the question which thereby arises, and which your excellency
has the
[Page 78]
honor to put to me,
whether the information received by the United States as to the decree
given out by Bolivia is or is not true, I am gratified to inform your
excellency that, in fact, my government, in the exceptional
circumstances in which Bolivia finds itself as to the other states, for
it absolutely does not count upon a; single ship at sea, and in order to
counteract the aggression of Chili, which possesses a powerful navy, has
thought convenient to authorize in its defense the use of privateers, by
the supreme decree published on the 26th of March, of the present
year.
Your excellency will understand the perfect right that pertains to
Bolivia, as she has not adhered to the treaty of Paris, which prohibits
the fitting out of privateers; having besides respected the exceptional
case which, by the treaty of 1858, exists with the United States, as,
allow me to inform your excellency, in the decree issued by my
government authorizing the privateers to seize all cargo of Chilian
property found on board a neutral vessel, whether a contraband or not,
are excluded those cargoes sailing under the United States flag.
With this declaration I have, &c.,
His Excellency S. Newton Pettis,
Minister Resident of the United States,
&c.
